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USE, PURPOSE AND APPLICABLE LEGAL SYSTEM
The Platform is a mechanism of interaction, communication and support that The Promoter makes available to Internet users in order to provide them with sufficient, legal and adequate information about their activity, products and services in relation to their legitimate economic activities and business, which are governed by applicable Spanish regulations and, as regards:
To the provision of services of the information society, with basic character, by Law 34/2002, of July 11, of services of the information society and electronic commerce.
To the processing of personal data, by the current Spanish and European regulations for the protection of personal data of natural persons. In particular, Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (hereinafter, the “RGPD”), is directly applicable, in accordance with the provisions of this same standard.
In any case, the user undertakes to make an appropriate and lawful use of the Platform as well as the contents, products and services arranged therefrom, in accordance with the applicable legislation at all times.
Likewise, the user of the Platform commits specifically to the following:
Guarantee the authenticity, veracity, timeliness and accuracy of all data communicated to the Promoter, resulting in the sole responsibility of the user otherwise.
Use it exclusively for the purposes and functionalities provided for this purpose by The Promoter, presenting such features as they are on the part of the Promoter, being forbidden for the user to use the Platform for any other purpose or medium.
Make a legal and legitimate use of the Platform, avoiding unauthorized, fraudulent, illegal or illegitimate use of it and / or the contents and information provided through it, avoiding violating this policy and applicable regulations, and damaging the rights and legitimate interests of the Promoter, or of any other third party that could be affected as a result of such action.
Not to cause damage to the systems or elements associated with the Platform, its suppliers or third parties, or attempt to break the security or authentication measures thereof, carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure or the communications environment related to the Platform, attacking in any way the same. The Promoter may adopt whatever preventive or corrective measures are necessary to protect its interests in order for the correct functioning of the Web Platform and the specific functionalities arranged in each case.
Do not introduce or disseminate through the Platform computer viruses or malware that may cause damage.
Not try to access, use and / or manipulate the data of the Promoter or under its responsibility, or of third-party providers and other users.
In particular, and merely by way of indication and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, which may constitute a violation of the rights of the Promoter or third parties.
Access without authorization or interact with a false identity, supplanting or not the identity of third parties or using a profile or performing any other action that may cause confusion or mislead about the correct identification of the user in question.
This privacy and cookies policy is addressed to the users of the Platform with regard to the processing of their personal data.
In any case, it is emphasized that this Platform is aimed at users over 18 years of age and its use is forbidden to minors.
The information and personal data provided by users who intend to browse or register on the Platform should be:
Sufficient, although adjusted, limited and proportionate to the legitimate purposes of treatment reported by The Promoter, with the utmost respect for the principles of limiting the purpose and minimizing personal data (articles 5.1 b) and c) of the RGPD) .
Accurate, up-to-date and truthful, in order to be able to verify adequately the identity, capacity and, where appropriate, representation of the user in question, as well as being able to adjust, in each case, the data processing performed to the specific needs and the real situation of the users. All this in accordance with the principle of accuracy of personal data (5.1 section d) of the RGPD).
Users will be fully responsible for the correct use of their user accounts and the keys associated with them. If the registered user considers that the security of his account and associated keys could have been compromised, he should immediately contact The Promoter through the contact information provided at the beginning of this Policy and report the situation or incident that corresponds In order that The Promoter can adopt the corresponding measures that are appropriate from the moment of the communication made by the user. All liability for damages and losses associated with improper use and personal management of the accounts and associated keys will fall on the users who hold such accounts, exempting the Promoter as a result of the foregoing.
In compliance with the current personal data protection regulations, and paying particular attention to the provisions of articles 12 to 14 of the RGPD, you are informed of the following:
That the person in charge of the treatment is Jordi Ordoñez Burgués, with address at C / Londres 2, 6º 1a EScalera A, 08029, Barcelona (Barcelona-Catalonia – Spain) and with National Identity Document 47656638V, and website https://karyukai.es and with contact email: email@example.com
Allow users to navigate through it, thereby allowing access to information and content provided in the Platform, including, information on promotional or advertising campaigns aimed at contracting products and services, either the Promoter or third parties companies with which The Promoter is related. Such access is understood without prejudice to the onerous nature of the contents, services and specific products that are offered through the Platform and that users may contract if they wish.
Address the specific requests and requests that users could make in this area.
Process purchases and process the orders of users.
Adopt as many protection measures as are applicable in accordance with current regulations, including the possible anonymization of your personal data by applying the appropriate techniques available for this purpose. Therefore, in this area, anonymization and pseudonymization treatments may also be carried out for the best protection of your personal data.
Apply the relevant security, technical and / or organizational measures on the personal data of the users that are convenient in attention to the risks detected around their rights at any time by The Promoter including, the encryption of personal data and other measures that may involve certain treatments on the data of the users of the Platform.
In case you do not agree with such treatment purposes, we urge you to immediately abandon our Platform. Otherwise, for example, by acceptance of this policy, or simply by continuing to navigate the Platform, prior knowledge of the information contained in this policy, it will be understood that the user consents unequivocally to the treatment purposes previously reported. For these purposes, the provisions of section 4 of this policy must also be followed with regard to the consent and rights of users in this field.
That the legitimate basis of treatment is, primarily, the user’s consent, so that, once the user is informed of this policy, if the user accepts the same, or simply continues browsing the Platform, it will be understood that he / she gives his / her consent unequivocal treatment of your personal data for the purposes indicated. Therefore, if a user does not agree with this policy or the treatment ends informed, as already indicated, the user is urged not to continue navigating and immediately abandon the Platform. In case of specific request or contracting by users of certain contents, products or services through the Platform, the main basis of treatment will be that related to the necessary application of pre-contractual measures at the request of the interested party, when this is the case, or the relative to the execution of a contract in case the user finally hires the content, product or service that corresponds.
That, in general, the personal data of users collected through the Platform will not be disclosed to third parties without previously informing them about the specific data to be transferred, the identity of the assignees or recipients of their data, their activity and the specific purposes of treatment to which said assignees may assign their data.
That, in general, international transfers of your personal data are not foreseen, adopting the necessary measures in this area in accordance with the RGPD otherwise.
That, by virtue of article 30 of the Spanish Commercial Code, if the user of a client of the Promoter is treated, after the termination of the relationship between the parties, their personal data may be kept by The Promoter for a period of six years . In the case of not being a client, your user data will be kept for the time strictly necessary to allow the correct navigation, access and enjoyment of the contents, products and services provided through the Platform that requires or visits, all of this, in accordance with the provisions of this privacy and cookies policy and the applicable legislation in each case.
You can exercise your rights of access, rectification, deletion, limitation of processing, data portability and opposition, directing a written communication via email firstname.lastname@example.org with the Ref. “Exercise Rights” accompanying your request copy of your national identity document or equivalent identification document (passport, NIE ….). If you do not consider your personal rights duly taken care of, you can submit a claim to the competent control authority, in this case, the Spanish Agency for Data Protection.
CONSENT OF THE INTERESTED PARTY
By accepting this policy, the user grants his unambiguous, free and informed consent for the processing of his personal data in order to the treatment purposes described in section 3 of this privacy and cookies policy. In the specific case of cookies, the provisions of section 7 of this same policy must be followed.
The user will have the ability to choose the treatment and destination of their data, according to their specific interests and needs in each case, so that, when the treatment is based on the consent of the user, the latter will be entitled to withdraw it at any time, even if Withdrawal will not affect in any way the legality of the previous treatment carried out by The Promoter.
In any case, The Promoter may prevent the use of the Platform and the services, contents and functionalities associated with it in case the user does not accept this policy, or does not consent to the processing of their personal information in accordance with the arranged in it.
The acceptance of this policy is independent of the possible acceptance of the terms and legal conditions of a particular type that could govern the specific contracting by users of the services and products provided through the Platform.
The Promoter has adopted and applies the security levels required by the applicable legislation regarding the personal data under its responsibility, according to the corresponding risk approach, and seeks to install and / or apply additional technical or organizational means and measures for the protection of to reinforce the general security of the treatments with personal data, systems, communication environment and corporate organization, as well as to guarantee the protection due to the unauthorized or illicit treatment and against its loss, destruction or incidental damage (principle of integrity and confidentiality). However, the user must be aware that security measures on the Internet are in no way impregnable and respond to the state of the art at all times and their cost of application.
For this purpose, it will consider in a special way the application criteria and security measures, and other security obligations associated with the RGPD, with special attention to the provisions of article 32 of the RGPD.
DUTY OF SECRET AND CONFIDENTIALITY
The Promoter undertakes to comply with the duty of secrecy and confidentiality with respect to the information and personal data provided by the users of the Platform, and that is under their control and responsibility, in accordance with the legislation that results from application and the approach of risk that corresponds in each moment.
7.1. Applicable regulations:
Article 22 of Law 34/2002, of July 11, on services of the information society and electronic commerce (LSSICE), relating to the rights of the recipients in commercial communications by electronic means, the providers of services they may only use data storage and retrieval devices in terminal equipment of the recipients, when they have given their prior informed consent.
To this end, these recipients and end users should be provided with clear and complete information on their use, in particular, regarding the purposes of data processing, in accordance with the provisions of the personal data protection regulations. Therefore, when technically possible and effective, the consent of the recipient to accept the processing of the data may be facilitated by using the appropriate parameters of the browser or other applications.
The foregoing shall not prevent the possible storage or access of a technical nature solely for the purpose of transmitting a communication over an electronic communications network or, to the extent strictly necessary, for the provision of a service of the information society. expressly requested by the recipient.
7.2. Consent of the user and cookies: general rule and exception.
Only those that allow, exclusively, the communication between the user’s equipment and the network and, strictly, those used to provide a service requested by the user are excepted only from such consent. For example, the so-called “technical cookies” (eg, those necessary for the same navigation by the platform or application) would be excepted; “Personalization or configuration” (eg, allowing the page to recognize the user’s language, etc.); and “security” (eg, detecting erroneous and repeated attempts to connect to a site).
7.3. Are cookies served on the Platform? What are they?
7.4. What cookies do we use in the Platform?
The cookies may be own and of third parties. Own cookies are those that are sent or served to the user’s terminal equipment from the Platform (editor) being managed by it, while third-party cookies are those that are sent or served to the user’s terminal equipment from other domains or computers not managed by the Platform (editor), but by another entity that treats the data obtained through cookies.
Likewise, the above cookies can be session or persistent. The first are a type of cookies designed to collect and store data while the user accesses the Platform with the main purpose of storing information that only interests to preserve for the provision of the service requested by the user on a single occasion. However, with the latter the data is still stored in the user’s terminal and can be accessed and processed during a period defined by the person responsible for the cookie.
Cookies can also be technical by allowing the user to navigate through the Platform and the use of different options or services arranged through it, for example, control traffic and data communication, identify the session, access parts restricted access, remember the elements that make up a contractual request, use security elements during navigation, store content for the dissemination of videos or sound or share content through social networks.
They can also be personalization, referring to those that allow the user to access the service with some predefined characteristics depending on certain criteria associated with their own terminal, for example, the type of browser through which they access the service, the regional configuration from where you access the service, etc.
Similarly, they may have a statistical or informative purpose for the publisher regarding the particular use that users make of their Platform and the contents or services provided through it.
Below is an informative summary table of the specific cookies that The Promoter uses, at this time, on the platform:
Cookies Ownership Temporality Purpose
_ga Google 2 years Used to distinguish users
Pixel Facebook 30 days Used to measure the effectiveness of advertising posted on the social network Facebook
The information that is collected through the cookies that are served through the Platform can be used, both by the owner of the same, and by a third party that provides a service to this owner.
7.6. Management and configuration of cookies.
From the information offered in this policy, we offer you information on how you can carry out the management of the cookies used in the Platform through the different options offered by the most common browsers.
Microsoft Internet Explorer
VALIDITY AND MODIFICATION OF THE PRIVACY AND COOKIES POLICY
This policy is effective from May 25, 2018. The Promoter reserves the right to modify this policy, to adapt it to future legislative, doctrinal or jurisprudential developments that result from application, or for technical, operational, commercial, corporate reasons and of business, informing users in advance and reasonably of the changes that occur whenever possible. In any case, it is recommended that each time this Platform is accessed, this policy is read in detail, since any modification will be published through it. Likewise, The Promoter may inform the users in a personal and prior manner of the changes projected in this policy, before its entry into force, provided that this is technically and reasonably possible, in particular, when these are considered registered users or of The Promoter clients.
The protection of your rights is important for The Promoter, so, in case of any question or suggestion that you would like to send us about this policy, please, do not hesitate to contact us through the address of electronic mail: email@example.com
COMPETITION AND APPLICABLE JURISDICTION
CONDITIONS OF CONTRACT
These General Conditions of Contract (hereinafter, the “CGC”) apply to the sale of Ebooks from the web platform https://karyukai.es/ (in what follows indistinctly, the “platform” or the “portal” ), a project managed by Jordi Ordóñez Burgués (hereinafter, “the Promoter”), so we urge you to read these conditions carefully and carefully, every time you place an order. make any order or contract through this platform because they link it in coherence with the Spanish regulations applicable to these cases.
As highlighted, the platform is under the ownership of Jordi Ordóñez Burgués, the Promoter, with Tax Identification Number 47656638V and registered office at C / Londres 2, 6º 1ª Escalera A, 08029, Barcelona (Barcelona- Cataloni -Spain), and makes available to the users of the Portal (hereinafter, “the user”, “the users”) being the electronic address “firstname.lastname@example.org”
The hiring of any of the products arranged on the platform by the client implies acceptance by the client of the following:
The express statement of the client to have read, understood and accepted, without reservation, these general conditions, made available to you, at all times, prior to hiring, at the URL: https://karyukai.es/
The valid conclusion of a contract between the parties in accordance with these conditions and the applicable legislation and, therefore, the commitment of the customer to pay the fees and payments that correspond, as it is a purchase-sale of products with payment obligation.
The acceptance by the client of any notices, regulations of use and instructions were brought to the attention of the Promoter, its non-acceptance, will be equivalent or understood by the parties as withdrawal of these CGC by the client and, consequently, will entail the termination or resolution of these.
Neither party may assign these GTC nor any of the rights or obligations arising there from to a third party without the express consent of the other, unless the assignment is made in favor of one of its subsidiaries, its parent company, another entity of the same. legal group of companies with which the parent entity is shared or, in the event of succession of companies as a result of a merger, absorption, or substantial transfer of all its assets or goodwill.
Users who wish to contract goods or services through the platform must be at least eighteen (18) years old or, in the case of minors, be legally emancipated and, in any case, have sufficient legal capacity to be able to contract validly.
AVAILABILITY AND INFORMATION OF THE GOODS OR PRODUCT.
Our platform has the necessary information about the characteristics and availability of the goods and products that are offered. Additionally, each good or product is associated with more information that is usually linked or directly related to specific characteristics and technical specifications.
MEANS OR PAYMENT METHODS ADMITTED.
The means of payment admitted through the platform is PayPal.
All the prices included in our platform include the legally applicable taxes, expressly indicating the corresponding breakdown according to the applicable regulations.
CONFIRMATION OF THE RECEPTION OF YOUR ORDER.
Once you have correctly placed your order within the framework of the platform, you will receive an email regarding receipt of the acceptance regarding the electronic contracting carried out. All this in coherence with the provisions of the applicable legislation.
In the same way, you expressly accept to receive the electronic invoices of your purchases in PDF format through the e-mail provided for the purpose for the formalization of the corresponding order. All this without prejudice to the legal possibility of the client to revoke his consent in this area through the email email@example.com
EXECUTION OF THE CONTRACT.
Once the effective download of the Ebook takes place, it will be understood that the contract has been executed.
RIGHT OF WITHDRAWAL.
8.1. What does it consist of?:
While the products sold through the platform fall under the exceptions to the right of withdrawal described in the following point (8.2), Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 (hereinafter, the General Law for the Defense of Consumers and Users), states that it may withdraw from your order for no reason within fourteen (14) calendar days from the day on which you or a third party that has indicated acquire the material possession of the requested goods. In any case, once the term of fourteen (14) calendar days relative to the right of withdrawal has expired, the Promoter will not accept refunds for withdrawal of purchases of products or goods disposed in the platform.
8.2. Exceptions to the right of withdrawal:
Without detriment to the foregoing, it must be taken into consideration that the right of withdrawal will not be applicable in accordance with the General Law for the Defense of Consumers and Users, to the contracts that refer, among others and without intending to be exhaustive, to the supply of digital content that is not provided in a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge that they lose their right of withdrawal as a result. In such a way that, you would lose your right of withdrawal once you start downloading the Ebook actually purchased.
8.3. Exercise of the right of withdrawal:
Before the expiration of the withdrawal period, if applicable, the consumer must notify the Promoter of his decision to withdraw the corresponding order, for which he must send his request in accordance with the instructions and forms available for this purpose and at each moment by the Promoter. You can also use the model of withdrawal form that appears in Annex B of the General Law for the Defense of Consumers and Users, and which you can access by making or making another kind of unequivocal statement in which you indicate your decision to desist of the contract. The Promoter will confirm receipt of the request to exercise the right of withdrawal.
8.4. Effects to the right of withdrawal:
The Promoter will reimburse the price of the product to the client no later than fourteen (14) days following the day in which the notice of withdrawal is received through the same means or payment systems that the consumer would have used in the initial contracting of the product. good or product, unless something else is expressly agreed by the parties. The Promoter may retain the reimbursement until the goods or products have been received by the client, or until the latter has presented proof of the return of the same.
The exercise of the right of withdrawal will extinguish the obligations of the parties to execute the contract and with it the provisions of the CGC.
9 LEGAL AFTER SALES GUARANTEE.
The Promoter will respond to the consumer for those goods or products that are not in accordance with the contract at the time of delivery of the product. For these purposes, the provisions of current Spanish regulations for the protection of consumers and users will be followed.
There will be no responsibility for non-conformity that the client knew or could not reasonably have ignored at the time of conclusion of the contract.
If the good or product is not in accordance with the contract, the customer may demand the replacement of the product, unless this is objectively impossible or disproportionate. Such substitution will be free for the client and will include the necessary expenses made to correct the lack of conformity of the products with the contract.
10 POLICIES OF RETURNS AND REFUNDS.
Without prejudice to the right of withdrawal, and in addition to this, the Promoter will only accept returns of defective or incorrect products with respect to the order made by the customer. In case of defective or incorrect products in relation to the order made by the customer or the user of the platform, the latter will be entitled to a refund of the price. Outside of the legal cases or those specifically indicated in these conditions of sale the Promoter does not admit any return of the goods and products arranged through the platform.
The cash reimbursement that may correspond will be made in the same means of payment in which the purchase was paid. In general, only the price of the product or good purchased will be reimbursed, except in the case of defective or incorrect products in which will be reimbursed also the possible shipping costs (if they had been applied to the order), as well as the return costs .
It is expressly forbidden:
Use the eBooks for commercial purposes. The license to use the eBooks does not imply a transfer of any right of use for promotional purposes.
Sell, rent, lend, make copies, modify, transform, distribute and / or make available to the public the eBooks, either partially, or in its entirety, in any way that is not expressly allowed in these General Conditions of Contract ;
Delete, modify, delete or any similar way to prevent the effective functioning of any adopted measure to avoid copying, distribution, making available to the public, modification, transformation or any other type of access or undue or unauthorized processing of eBooks, either partially, or in its entirety;
Circumvent any technology used to protect the eBooks, as well as delete or remove from the eBooks any mention or reference to the notice of rights over them;
Use the eBooks in any way that implies a breach of these General Conditions of Contract;
Additionally, you agree to take reasonable measures to prevent any unauthorized use of eBooks.
12 LEGISLATION AND APPLICABLE JURISDICTION.
These General Conditions of Contract are governed, in all and each one of its extremes, by the applicable Spanish law, resulting from application, in case of conflict or divergence in the interpretation and / or execution of the same, or any other of the particular conditions, policies and other legal notices provided on the platform, waiving any other jurisdiction that may correspond to the parties, the competent Courts and Tribunals of Barcelona (Catalonia-Spain)
13 MODIFICATION OF CONDITIONS, POLICIES AND LEGAL NOTICES.
The Promoter reserves the right to make changes, at any time, in its platform, in the policies, terms and conditions applicable to it or the sale of goods and products articulated through it, including therefore the General Conditions of Hiring In general, the user and client will be subject to the terms and conditions, policies and conditions of hiring in force at the time of contracting, being informed, to the extent reasonably and technically possible, of any change. projected in this area, well in advance for due knowledge. If any of the present conditions were declared invalid, void or for any ineffective reason, said condition will be understood to be excluded without such declaration affecting the validity or enforceability of the remaining conditions.
ABOUT THE CONDITIONS OF USE OF THE PLATFORM: YOUR ACCEPTANCE, MODIFICATIONS AND VALIDITY.
This Legal Notice refers to the website “https://karyukai.es” (hereinafter, the Portal), which is under the ownership of Jordi Ordóñez Burgués (hereinafter, El Promotor), with Tax Identification Number 47656638V and address social in C / Londres 2, 6º 1ª Escalera A, 08029, Barcelona (Barcelona- Catalonia – Spain), and that makes available to Portal users (in the following, «the user», «the users» ) being the electronic address «firstname.lastname@example.org»
The navigation and use of the Portal attributes the condition of user thereof (hereinafter, the “user”) and implies the full acceptance, without reservations, of each and every one of the provisions included in this Legal Notice, and in the version published by The Promoter at the moment in which the user accesses the Portal. Consequently, we recommend that the user, every time he accesses the Portal, carefully read this Legal Notice, as this may be modified.
The use and / or access to all or part of the services or content provided for users through the Portal may also be subject to specific conditions (hereinafter, the “Particular Conditions”) that, depending on the case, may reach replace, complete and / or modify this Legal Notice. Therefore, and in coherence with the foregoing, before using or accessing such services or contents, the user is also warned that, similarly, he / she will have to carefully read these Particular Conditions.
The declaration of any of these general or specific conditions as null, invalid or ineffective, will not affect the validity or effectiveness of the rest, which will remain binding between the parties. Likewise, the waiver by any of the parties to demand, at a specific time, compliance with any of the stipulated general or specific conditions, shall not imply a general waiver of compliance with any other condition or imposed conditions, nor shall it generate a right acquired for the other party.
Through the Portal, The Promoter provides users with information, request, access and / or use of the services or contents (hereinafter, “Services”), developed or made available by the same in the terms and conditions provided for each case. In this way, the Promoter allows any interested party, in a permanent and agile way, to inform themselves, interact, participate and access the services and initiatives that they legitimately provide, under the terms and conditions legally established in each case and in the framework of the competences that are its own.
3. CONDITIONS OF ACCESS AND USE OF THE PORTAL
3.1. Free access and use of the Portal
The access and / or use of the Portal by users is free, which is understood without prejudice to the remunerated or valued nature of part of the services or actions requested, in the terms that are legally established.
3.2. Navigation, registration and data forms
In general, access or browsing through the Portal does not require prior subscription or registration of users. However, The Promoter may condition the provision of its services or access to certain content or information offered through it, the prior completion of the corresponding form or data collection bulletin and the subsequent verification of data and concurrency of the necessary requirements to proceed with said access.
The Promoter reserves the right to unilaterally modify, and at any time, the system or forms of data provided in the Portal for legal, technical, corporate reasons or based on those self-regulatory processes to which it may be subject.
3.3. Veracity, accuracy and timeliness of the information provided by the user.
The data entered by users in the corresponding form must be, at all times, accurate, current and true, and will be processed by The Promoter in accordance with the protective legislation of personal data that results from application.
For these purposes, the user guarantees the authenticity of all the data communicated as a result of completing the necessary forms for accessing or processing the services or actions required. Similarly, it will be the sole responsibility of the user to keep all information provided to The Promoter permanently updated so that it responds, at all times, to its real situation and, with it, to the essential principles in terms of data protection, particularly, the principle of quality or relevance of the data. Therefore, the user will be solely responsible for any false or inaccurate statements made and the damage caused to The Promoter or third parties for the information provided.
3.4. Obligation to make correct and responsible use of the Portal and the Services
The user agrees to use the Portal and the services provided therein in accordance with the law, this legal notice, the particular conditions of the services established and other notices, regulations of use, and instructions made known to them, as well as morals and good manners, generally accepted, and public order. In case of breach by the user of such commitment, the developer reserves the right to exclude, prohibit or deny access to the Portal.
To this end, the user will refrain from using any of the services for illegal purposes or purposes, prohibited in this legal notice or in the applicable regulations, harmful to the rights and interests of the developer or third parties. Neither may damage, disable, overload, deteriorate or prevent the normal use of services, computer equipment or documents, files and all kinds of content stored on any computer equipment (hacking) of the developer, other users of the Portal or, in general, of any Internet user (hardware and software).
In particular, and merely by way of indication and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, recordings, software and, in general, any kind of material that:
(a) in any way is contrary, disparages or violates fundamental rights and public freedoms recognized constitutionally, in international treaties and in the rest of the applicable legislation, in particular, regarding minors, elderly, disabled or any other person at risk and social exclusion;
(b) induces, incites or promotes unlawful, criminal, slanderous, defamatory, infamous, violent actions or, in general, contrary to the law, morality and generally accepted good practices or public order;
(c) induce, incite or promote discriminatory actions, attitudes or thoughts because of sex, race, religion, beliefs, age or condition;
(d) incorporate, make available or allow access to elements, messages and / or services that are illegal, criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or to public order;
(e) induce or may induce an unacceptable state of anxiety or fear;
(f) induces or incites to engage in dangerous, risky or harmful practices for the health and physical or mental balance of the people;
(g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that induces or may lead to error on its purpose or on the intentions or purposes of the communicator;
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from its owners the necessary authorization to carry out the use made or intended to be made;
(i) violate the secrets of third parties;
(j) is contrary to the right to honor, to personal and family privacy or to the person’s own image;
(k) in any way undermines the credit of the developer or third parties;
(l) violates the regulations on the secrecy of communications;
(m) constitutes, where appropriate, illicit, deceptive or unfair advertising and, in general, that constitutes unfair competition;
(n) incorporate viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or computer equipment (hardware and software) of the developer or third parties, or that may damage electronic documents and files stored in said computer equipment;
(o) provokes by its characteristics (such as format, extension, etc.) difficulties in the normal functioning of the Services or access to the Portal or its contents;
(p) contains HTML tags other than those expressly authorized by the developer.
3.5. Obligation to make correct use of the Contents
The user undertakes to use the contents made available to them in the Portal, understood by them, without this list having limiting character, texts, graphics, images, icons, technology, software, links and other audiovisual or sound content , as well as its graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, this Legal Notice, the Particular Conditions of the Services and other notices, regulations of use and instructions made known to you, as well as morals and generally accepted good customs and public order, and, in particular, commits to abstain from:
(a) reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the Contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
(b) delete, manipulate or in any way alter the “copyright” and other identifying data of the reservation of rights of The Promoter or its owners, fingerprints or any other technical means established for recognition.
(c) exercise or abuse the exercise of the exploitation rights associated with such content, unless it has been expressly authorized for that purpose by its legitimate owner, and, where appropriate, to do so under the conditions expressly agreed upon.
3.6. Use of the Services offered on the Portal in accordance with the Anti-Spamming Policy of El Promotor.
The user undertakes to abstain from:
(I) collect data for advertising purposes and to send advertising of any kind and communications for sale or other commercial purposes, without their prior request or consent of the interested party;
(II) forward any other messages not requested or previously consented to a plurality of people;
(III) send chains of electronic messages not requested or previously consented;
(IV) use distribution lists that can be accessed through the Services to carry out the activities indicated in sections (I) to (III) above;
(V) make available to third parties, for any purpose, data collected from distribution lists.
The users or third parties harmed by the reception of unsolicited messages addressed to a plurality of people may communicate this to The Promoter by sending an email to
email@example.com so that although The Promoter does not assume any responsibility for this purpose, it may denounce such situation to the competent authorities, through the channels and procedure legally arranged.
3.7. Introduction of hyperlinks that allow access to the web pages of the Portal and to the Services
Users and, in general, those people who intend to establish a hyperlink between their website and the Portal (hereinafter, the “Hyperlink”) must meet the following conditions:
(a) The Hyperlink will only allow access to the homepage or home page of the Portal, but may not reproduce them in any way;
(b) a frame will not be created on the web pages of the Portal;
(c) there will be no false, inaccurate or incorrect statements or indications about The Promoter, its governing bodies, its employees, the web pages of the Portal and the contents or Services provided;
(d) it will not be declared or implied that The Promoter has authorized the Hyperlink or that it has supervised or assumed in any way the services offered or made available to the web page in which the Hyperlink is established;
(e) exception made of those signs that are part of the same Hyperlink, the web page where the Hyperlink is established will not contain any brand, name, sign of establishment, denomination, logo, slogan or other distinctive signs belonging to The Promoter, Y;
(f) the website where the Hyperlink is established will not contain information or illegal content, contrary to morals and generally accepted good customs and public order, nor will it contain contents that are inimical to any rights of The Promoter or third parties .
The establishment of the Hyperlink does not imply, in any case, the existence of relations between The Promoter and the owner of the website on which it is established, nor the acceptance and approval by The Promoter of its contents or services.
In any case, the Promoter may, at any time, urge people who have established a hyperlink between their website and the Portal, to eliminate the same, with reservation of all legal and / or legal actions that may correspond.
4. NO LICENSE
All brands, names, distinctive signs, content architecture (design, navigation, ordering and taxonomy of the Portal and its contents, etc.) and the contents or software of any kind that are incorporated in the Portal are the property of El. Promoter or of third parties, without it being understood that the use or access to the Portal and / or the contents or services, gives the user any rights over the aforementioned trademarks, names and / or distinctive signs, as well as over any other elements willing to through the Portal.
Likewise, the contents and other services are under the intellectual or industrial property of The Promoter or third parties, without which the user may be understood to be transferred, by virtue of what is established in this Legal Notice, none of the exploitation rights that exist or may be exist over them, beyond what is strictly necessary for the correct use or access to the Portal, or to the services that, through it, are provided or could be provided.
5. EXCLUSION OF GUARANTEES AND LIABILITY
5.1. Exclusion of guarantees and responsibility for the operation of the Portal and the Services
5.1.1. Availability and continuity, utility and fallibility
The Promoter does not guarantee the availability and continuity of the functioning of the Portal and the Services. When it is reasonably possible, the Promoter will warn previously of the interruptions in the functioning of the Portal, the access to its contents, or the provision of the Services.
The Promoter does not guarantee the usefulness of the Portal and the Services for the realization of any specific activity, nor its infallibility and, in particular, although not exclusively, that users can effectively use the Portal and the Services, access the different web pages that form the Portal or those from which the Services are provided.
The Promoter excludes, to the fullest extent permitted by the legal system, any liability for damages of any kind that may be due to lack of availability or continuity of the operation of the portal and services, or the fraud of utility that the users could attribute to the Portal and the Services, the fallibility of the Portal and the Services, and in particular, although not exclusively, to failures in accessing the different web pages of the Portal or those from which Services are provided.
5.1.2. Privacy and security in the use of the Portal and the Services
The Promoter does not absolutely guarantee the privacy and security of the use of the Portal and the Services and, in particular, does not guarantee that unauthorized third parties can not have knowledge of the class, conditions, characteristics and circumstances of the use that Users make. of the Portal and the Services. However, it undertakes to strictly observe its legal obligations in this area, in order to limit and / or minimize, as far as possible, such risks.
The Promoter, excludes to the fullest extent permitted by the legal system, any liability for damages of any kind that could be due to knowledge that may have unauthorized third parties of the class, conditions, characteristics and circumstances of the use that users make of the Portal and the Services.
5.2. Exclusion of guarantees and responsibility for the Contents
The Promoter does not control or guarantee the absence of viruses or other elements in the Content that may cause alterations in its computer system (software and hardware) or in the electronic documents and files stored in its computer system.
The Promoter excludes, to the fullest extent permitted by the legal system, any responsibility for damages of any nature that may be due to the presence of viruses or the presence of other elements in the contents that may produce alterations in the computer system, electronic documents or user files.
5.2.2. Lawfulness, reliability and usefulness
The Promoter does not guarantee the legality, reliability and usefulness of the contents, so it is excluded, to the fullest extent permitted by the legal system, any liability for damages of any kind that may be due to the transmission, dissemination, storage , making available, receiving, obtaining or accessing the contents, and in particular, although not exclusively, for the damages and losses that may be due to:
(a) non-compliance with the law, morality and generally accepted good practices or public order as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;
(b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of persons, property rights and of any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;
(c) the performance of acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;
(d) the lack of veracity, accuracy, exhaustiveness, pertinence and / or actuality of the contents;
(e) the unsuitability for any kind of purpose and the defrauding of the expectations generated by the contents;
(f) the breach, delay in compliance, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to the contents;
(g) the vices and defects of all kinds of the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the Portal or the services.
5.2.3. Truthfulness, accuracy, completeness and topicality
The Promoter does not guarantee in an absolute manner the veracity, accuracy, completeness and timeliness of the contents, although it will establish the necessary cautions to control these aspects. The Promoter excludes, to the fullest extent permitted by the legal system, any responsibility for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the contents.
5.3. Exclusion of guarantees and responsibility for the information, content and services hosted outside the Portal
The Portal can make available technical link devices (such as, among others, links, banners, buttons), directories and search tools that allow Users to access websites belonging to and / or managed by third parties (in forward, “Linked Sites”). The sole purpose of installing these links, directories and search tools on the Portal is to provide users with the search and access to information, content and services available on the Internet.
The results of search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms, so that the Promoter can not control and does not control those results and, in particular, that Internet sites appear whose contents may result illicit, contrary to morals or good customs or considered inappropriate for other reasons. In the event that a user considers that any of the sites included in the search results contains illegal activity or information and is interested in requesting the deletion of the link, he / she may initiate the contact procedure provided in this Legal Notice .
The Promoter does not offer or sell by itself, nor through a third party, the information, content and services available on the Linked Sites, nor does it previously control, approve, recommend, monitor or make them their own. The user, therefore, must exercise extreme caution in the evaluation and use of the information, content and services existing in the Linked Sites. The Promoter does not guarantee or assume any type of liability for damages of any kind that may be due to:
(a) the operation, availability, accessibility or continuity of the linked sites;
(b) the maintenance of the information, contents and services, existing in the linked sites;
(c) the provision or transmission of the information, contents and services existing in the linked sites;
(d) the quality, legality, reliability and usefulness of the information, contents and services existing in the linked sites, in the same terms and with the same scope as provided in general condition 5.2.3 regarding the contents and services provided by third through the Portal.
5.4. Exclusion of guarantees and responsibility for the use of the Portal, the Services and the Contents by Users
The Promoter has no obligation to control and does not control the use that users make of the Portal, the Services and the Contents (although it establishes conditions and strict instructions for use in this area). In particular, The Promoter does not guarantee that users use the Portal, the Services and the Contents in accordance with this Legal Notice and, where applicable, with the Particular Conditions that result from its application, or that they do so diligently and prudently . The Promoter does not have the obligation in each case to verify and does not verify the identity of the users, nor the veracity, validity, completeness and / or authenticity of the data that users provide about themselves or others.
The Promoter excludes any liability for damages of any nature that could be due to the use of the services and contents by users or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information that users provide to other users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of personality carried out by a user in any kind of communication made through the Portal.
6. PROCEDURE IN THE EVENT OF CARRYING OUT UNLAWFUL ACTIVITIES
In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content, in the provision of services and / or the performance of any activity through the web pages included or accessible through the Portal, and, in particular, from the violation of intellectual or industrial property rights (patents, industrial models and designs, trademarks and commercial names, etc.) or other legitimate rights and goods, may send a notification to the Promoter through any means valid in law in which, at least, the following points are contained:
(a) personal information of the claimant: name, address, telephone number and email address;
(b) specification of the alleged illicit activity carried out in the Portal and, in particular, in the case of an alleged violation of constitutionally protected rights or property, precise and concrete indication of the protected contents as well as their location in the pages Web;
(c) facts or circumstances that reveal the illicit nature of said activity;
(d) in the case of violation of rights, handwritten signature or equivalent, with the personal data of the owner of the rights allegedly infringed or of the person authorized to act in the name and on behalf of the latter;
(e) express statement, clear and under the responsibility of the claimant, that the information provided in the notification is accurate and illicit nature of the use of the contents or the performance of the activities described.
(f) signature, date and address for notification purposes.
All notifications and communications (hereinafter, the “Notifications”) by the user to The Promoter will be considered effective, for all purposes, sending the notification through the channels provided or informed by The Promoter on its website according to each case.
All notifications by The Promoter to the user will be considered effective, for all purposes, when they are carried out in any of the following ways:
(a) Sending by postal mail to the user’s address, when this has been previously reported to The Promoter;
(b) Sending by email to any of the mailboxes that the user has communicated in the framework of the provision of a service or development of an action by The Promoter or, in its absence, the one indicated by the user for that purpose;
(c) Communication by means of a telephone call, telematic contact to the telephone number / fax of the user, or by means of SMS when such data has been previously informed to The Promoter for the purposes that, in each case, correspond;
In this sense, all notifications made by the Promoter to the user will be considered validly made if they have been made using the data and through the aforementioned means for the mere purposes described in this Legal Notice. For these purposes, the user declares that all the data provided by him is true and correct, and undertakes to notify The Promoter of all changes related to the notification data.
8. WITHDRAWAL AND SUSPENSION OF CONTENTS OR SERVICES
The Promoter, in case of breach by the user of this Legal Notice and the Privacy and Cookies Policy of the Portal, all documents that the user accepts fully and without reservations, may, according to the cases described in these documents, disable or delete the account to the user or prevent the use of the Portal and the services associated with it, without this generating for the user, for breach by the latter of its specific indemnification, compensation or right in this area.
Likewise, The Promoter reserves the right to block and remove from the Portal, at any time, without prior information to the user the publication of data, elements, ratings, comments, opinions and, in general, any content that is or may be contrary to the applicable legality, to the norms and to the own policies and conditions.
In any case, the Promoter reserves the right to exercise as many legal or judicial actions as may be appropriate in relation to such actions.
9. DURATION AND TERMINATION
The provision of services or access to the contents arranged through the Portal has, in principle, an indefinite duration. The Promoter, however, is authorized to terminate or suspend the provision of services or the development of actions through the Portal at any time, while respecting the regulations applicable in these cases. When reasonably possible, the Promoter will warn previously of the termination or suspension of the Portal service, or of the other Services or contents arranged through it.
10. LEGISLATION, APPLICABLE JURISDICTION
The present Legal Notice is governed, in each and every one of its extremes, by the applicable Spanish law, resulting from application, in case of conflict or divergence in the interpretation and / or execution thereof, or any other of the particular conditions arranged in the Portal, waiving any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of Barcelona.
However, the owners of the Portal, users and third parties who access or use it, undertake, prior to the judicial process, to seek a friendly and extrajudicial solution for the resolution of disputes that may have arisen, may, even, resort to third parties who mediate for the resolution of the conflict.